Santosh Parshuram Bhadrike ... vs The Municipal Corporation Of Grt. ...
2021 Latest Caselaw 7940 Bom

Megha                                        8_IA_1076_2021 in FA_185_2021.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                       INTERIM APPLICATION NO.1076 OF 2021
                                       IN
                           FIRST APPEAL NO.185 OF 2021

Santosh Parshuram Bhadrike                               ...Applicant
                      Versus
The Municipal Corporation of
Greater Bombay                                          ...Respondent
                                   ....
Mr. Akshay R. Kapadia for the Applicant.
Ms Shilpa Puranik for MCGM.


                                        CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 16th JUNE, 2021.

P.C.:-

The Appellant herein has challenged the judgment and

decree dated 04/02/2021 whereby learned Judge, City Civil Court,

Mumbai has dismissed the L.C. Suit No.475 of 2010. In an appeal

against the said judgment and decree, the Appellant by way of an

interim relief, seeks to restrain the Respondent from implementing,

enforcing or acting upon the notice under Section 314 and order dated

11/02/2016 issued under the provisions of the MMC Act.

2. The dispute is in respect of a structure, which is sought to be

Megha 8_IA_1076_2021 in FA_185_2021.doc

demolished under the impugned notice and order. The Appellant

claims that the said structure was purchased in the year 1999.

3. The records reveal that the interim relief was granted in

favour of the Appellant in the year 2016, which has been extended from

time to time and is in operation till date. Considering the grounds

raised in the Appeal memo and having gone through the reasons

recorded in the impugned judgment, Respondent is directed not to take

any coercive action in respect of the suit structure till the next date of

hearing.

4. Stand over to 07/07/2021.

(SMT. ANUJA PRABHUDESSAI, J.)